Workplace Class Action Blog

Category Archives: Rule 23 Issues

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Wedding Bells In Virginia District Courts: Rule 23 Class Certification for Virginia Same Sex Couples

Posted in Rule 23 Issues, Uncategorized

By Gerald L. Maatman, Jr. and Laura J. Maechtlen

While much of the news this week has been focused on a decision from the U.S. District Court for the Eastern District of Virginia that declared Virginia’s ban on same-sex marriage unconstitutional, we read with great interest a separate and equally important decision from the U.S. District Court for the Western … Continue Reading

No Trash Talking: Texas Court Of Appeals Overturns Certification Of Privacy Claims Brought By Dumpster-Diving Class Representative

Posted in Rule 23 Issues

By Kathryn “Chris” Palamountain and Kate Birenbaum

Containing a local business dispute that had, at least temporarily, been blown into a nationwide class action, the First District Court of the Texas Court of Appeals in Houston recently overturned a trial court’s certification of claims brought on behalf of a class of persons whose personal information may (or may not) have … Continue Reading

Subjective Decision Making Strikes Again – Class Certification Denied For Lack Of Commonality And Typicality In Case Involving Discretionary Selection System For Promotions, Training, and Pay Increases

Posted in Rule 23 Issues

By Courtney K. Bohl and Laura J. Maechtlen

On September 29, 2013, Chief Judge Sharon Lovelace Blackburn of the U.S. District Court for the Northern District of Alabama in Bryant, et al. v. Southland Tube, No. 2:10-CV-3215, 2013 U.S. Dist. LEXIS 141607 (N.D. Ala. Sept. 29, 2013), denied plaintiffs’ motion for class certification finding plaintiffs failed to satisfy Rule … Continue Reading

Court Certifies Antitrust Class Action In Nurse Wage Exchange Case

Posted in Rule 23 Issues

By Timothy F. Haley

On September 13, 2013, Judge Rosen of the U.S. District Court for the Eastern District of Michigan issued an Opinion and Order in an alleged wage suppression antitrust case certifying a class of over 20,000 Registered Nurses (“RNs”) in Cason-Merenda, et al. v. Detroit Medical Center, Case No. 06-15601, 2013 U.S. Dist. LEXIS 131006 (E.D. Mich. … Continue Reading

Certification Of Damages Issues – Really?

Posted in Rule 23 Issues

By Rebecca Bjork and Gerald L. Maatman, Jr.

Workplace class actions are being reshaped before our very eyes, as district courts across the country apply important new Supreme Court decisions. A new noteworthy ruling illustrating this trend in the context of Rule 23(b)(3) requirements is from a long-running employment discrimination case in New York entitled Gulino, et al. v. The … Continue Reading

Closing Thoughts On Workplace Class Action Developments In 2010

Posted in Class Action Litigation, Class Certification, Class Discovery, Defense Strategies, EEOC Litigation, Rule 23 Issues, Settlement Issues

Seyfarth Shaw’s 2011 Workplace Class Action Report is coming soon! The report is the sole compendium in the U.S. dedicated exclusively to workplace class action litigation. Our loyal readers can expect to receive their copy in several weeks, with rulings and case law developments reviewed and analyzed through December 31, 2010.

To say the least, 2010 was a significant year … Continue Reading

The Federal Judicial Center’s New Forms For Class Action Notices

Posted in Class Action Litigation, Rule 23 Issues

Co-authored by Rebecca Bjork and Brandon L. Spurlock

The Federal Judicial Center recently released new recommended class action notice forms – including a notice checklist and a plain language guide – to help attorneys and judges create more effective notices and notice plans for Rule 23 certification orders.  View Notice Checklist and Plain Language Guide.

The checklist provides overall guidance … Continue Reading

Local Rules “Rule” in Procedural Defeat for FLSA Class Action

Posted in Rule 23 Issues

Co-authored by Dana Howells and Brandon L. Spurlock

Like all federal courts, the U.S. District Court for the Central District of California has promulgated Local Rules  that have the force of law to the extent they do not contravene the Federal Rules of Civil Procedure. The Local Rules need to be taken seriously, including Local Rule 23-3’s requirement that a … Continue Reading